Minutes of Regional Council Meeting

1. Welcome/Karakia/Apologies/Notices

The Chairman welcomed everyone and Pieri Munro led the offering of a karakia to open the meeting and mihi guests.

The apology for absence from Councillor Charles Lambert was received.

Environmental Certificates of Appreciation Presentations

The Chairman introduced the awards.

Cr Hinewai Ormsby introduced Helen Howard and presented the award (Environmental Action in the Community – Te Oho Mauri Taiao ki te Hapori) for her work with rangatahi in relation to climate change action and coordination of the community ‘plogging’ initiative which encourages people to pick up rubbish on their walks/jogs.

The Chairman introduced Waiora Rogers and Mike Paku, representing Hawea Park Hapu Partners, and presented the award (Environmental Action in the Community – Te Oho Mauri Taiao ki te Hapori) recognising the significant involvement of the Hapu Partners in establishing the Hawea historical park.

Cr Craig Foss introduced the Maraetotara Tree Trust representatives and presented the award (Environmental Action in the Community – Te Oho Mauri Taiao ki te Hapori) for their incredible work, since being established in 2002, planting riparian margins along the length of the Maraetotara Stream to improve water quality.

Cr Jerf van Beek presented the award (Environmental Leadership in Business – Te Hautūtanga Taiao me te Pakihi) to Turners & Growers Global, particularly for the company’s work leading the change from burning orchard waste to mulching and composting, and also for their riparian planting initiatives, waste minimisation and management as part of their green growing programme.

The Chairman thanked the award recipients for attending and offered the opportunity for those who did not wish to stay for the remainder of the meeting to leave.

2. Conflict of Interest Declarations

There were no conflicts of interest declared.

3. Confirmation of Minutes of the Extraordinary Regional Council Meeting held on 18 November 2020

RC169/20

Resolution

Minutes of the Extraordinary Regional Council Meeting held on Wednesday, 18 November 2020, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Barker/Kirton

CARRIED

4. Confirmation of Minutes of the Regional Council Meeting held on 25 November 2020

RC170/20

Minutes of the Regional Council Meeting held on Wednesday, 25 November 2020, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.

Williams/Foss

CARRIED

Follow-up Items from Previous Regional Council Meetings

The item was taken as read, with discussion covering:

· Draft conditions for the NCC / HBRC Westshore tidal gates and NCC Lagoon Farm stormwater discharge consents have now been provided to councillors

· 3 waters cultural case was included as part of the Hawke’s Bay 3 Waters Review report and has been promoted to DIA recently alongside the substantive report. The HB project is on hold awaiting Central Government advice before proceeding.

· A community engagement project plan on the question of Māori Representation is being developed by staff

· It was noted that a Significant Activities update is not included on this agenda

Call for Minor Items not on the Agenda

Recommendations

That Council accepts the following “Minor Items Not on the Agenda” for discussion as Item 16:

Topic	Raised by
Wairoa River discharges	James Palmer
Council communications	Cr Craig Foss
Napier Flood response	Cr Neil Kirton
Social Ecology	Cr Martin Williams
Removal of whitebait stands	Michelle McIlroy
LGOIMA requests	Cr Rick Barker
Tukituki Trails	Cr Will Foley

Report and Recommendations from the Corporate and Strategic Committee

Councillor Neil Kirton introduced the item as Chair of the Corporate and Strategic Committee, highlighting the presentation of the s17a review of the Works Group and Annual Compliance Report including Council’s compliance with its own resource consent conditions, and the organisation’s carbon footprint. The report was taken as read.

RC171/20

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the “Report and Recommendations from the Corporate and Strategic Committee”.

2. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on these items without conferring directly with the community or persons likely to have an interest in them.

Pettigrew Green Arena Car Park

3. Considers the cultural and values assessment information and presentation from the Regional Indoor Sport and Events Centre Trust in order to provide direction on a suitable location for the carpark at Pettigrew Green Arena.

2019-20 Compliance Annual Report

4. Adopts the 2019-20 Compliance Annual Report for publication on the Hawke’s Bay Regional Council website.

Reports Received

5. Notes that the following reports were provided to the Corporate and Strategic Committee

5.1. Report from the Finance, Audit and Risk Sub-committee

5.2. Harbourmaster Functions

5.3. HB Tourism Six-Monthly Update

5.4. Organisational Performance Report for Period 1 July to 30 September 2020

5.5. 2020-21 Quarter 1 (1 July – 30 September 2020) Financial Report

5.6. Regional Council’s Corporate Carbon Footprint

5.7. HBRIC Ltd Quarterly Update (Public Excluded)

Kirton/Barker

CARRIED

Pettigrew Green Arena Expansion Project

Chris Collins, CE, and Dick Hilton, Capital Planner, made a presentation on behalf of EIT Board outlining their support for the Arena expansion and preference for the location of additional parking required as part of the development proposal and resource consent. Land (old camping ground) is being held for future student residential accommodation development if the “over the stopbank” option is not progressed, e.g. will not release that land for car-parking on the NCC-owned Riverside Reserve.

Craig Waterhouse made a presentation on behalf of the Regional Indoor Sport and Events Centre Trust, outlining the Pettigrew Green Arena expansion project and requirements for the project to receive Central Government funding assistance as well as the proposed locations for additional parking areas required. Want to develop a ‘destination’ rather than a plain concrete carpark, and enhance the area for the community as ‘opening’ to the river and cycleways. Bottom line for Arena is there is no requirement for more carparks, but need to replace the carparks and add the number necessary to meet conditions of the resource consents. Cultural Impact assessment has not been undertaken yet and will be carried out as part of the resource consent application process. Number of carparks will be determined by NCC in accordance with the District Plan.

Pettigrew Green Arena Car Park

Chris Dolley introduced the item, and Craig Goodier who provided technical advice, with discussions covering:

· Staff do not recommend putting a public carpark into a hazard zone, which is contrary to this Council’s current values, strategies and policies in several ways including loss of biodiversity, public access to rivers and the purpose of flood protection schemes

· Current proposal will require at least 1 hectare of land and any works would need to meet engineering requirements to retain the integrity of the stopbank and flood protection scheme

· Staff preference would be for “event based” parking options to be explored as an alternative to a permanent carpark which would be empty most of the time

· There has been no consultation with the community or, more importantly, tangata whenua

· HBRC has contractual requirements to meet for the PDU funding received for flood protection scheme works scheduled to begin in the third quarter of 2021 in the area in question, which has high consequence of failure as it protects significant residential area

· Further engineering assessment and technical work will take some time and likely to run to hundreds of thousands of dollars but could potentially be integrated into work already underway as part of HBRC’s $30M capital works programme

· Additional resource consent required from the Regional Council if the proposal goes ahead

· The process of receiving and predicting flood warnings was outlined, and rainfall and river flow data for Tutaekuri River (820 km² catchment) over the last 52 years was presented to demonstrate the flood risk assessed by HBRC staff

· Potential legal liability for Council in the event of a flood, including loss of property (e.g. cars in carpark) and environmental damage at the site as well as downstream

· Guarding against setting a precedent that could ‘open the door’ to potential future developments in flood hazard zones and/or on river berms

· Risk of this decision is mainly reputational, in relation to lack of consultation with tangata whenua and the public, having carried out no due diligence, and not having carried out risk minimisation work to minimise risk to the community as well as the signals such a decision this sends in relation to other decisions Council makes about putting public assets at risk in a hazard zone however technical risks are able to be managed

· Councillors feel ambushed due to the timeframes and the whole Council not having been involved at an earlier stage

· Very supportive of the Arena expansion and the work of the Trust to provide the facilities for the community

RC172/20

Resolutions

That Hawke’s Bay Regional Council:

1. receives and considers the “Pettigrew Green Arena Car Park” staff report

2. agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

3. agrees, in principle, to the optimal carpark location being the ‘over the stopbank’ option, and communicates that to the Regional Indoor Sport and Events Centre Trust, subject to:

3.1 the Regional Indoor Sport and Events Centre Trust provides a robust indemnity and assumption of full liability and risk relative to any private property exposure generated by the types of potential flood events forecast for the site to Hawke’s Bay Regional Council for agreement and signing

3.2 Resource consent conditions requiring:

3.2.1 certification by an independent engineer that the selected carpark development will not affect the integrity of the stopbank and level of flood protection provided, to the satisfaction of the HBRC Group Manager Asset Management, including integration with HBRC’s own proposed programme of works

3.2.2 minimum number of carparks to actual needs and in accordance with the National Policy Statement for Urban Development

3.2.3 flood response management plan including flood warnings and signs warning carpark users of associated risks

3.2.4 environmental off-setting and mitigation in the development to enable biodiversity and public river access benefits

3.2.5 Archaeological and cultural impact assessments are undertaken prior to implementation.

Williams/Barker

CARRIED

The meeting adjourned at 1.05pm and reconvened at 1.29pm with Councillor Jerf van Beek absent.

10.

Local Government Members (2020-21) Amendment Determination (No 2) 2020

The item was taken as read.

RC173/20

Resolutions

That Hawke’s Bay Regional Council:

1. Receives and considers the “Local Government Members (2020-21) Amendment Determination (No 2) 2020” staff report.

2. Confirms that the remuneration levels to be paid to elected members under the Local Government Members (2020-21) Amendment Determination (No 2) 2020, for the period from 30 July 2020 will be back-paid to the dates specified in the Determination, of:

2.1. $62,000 per annum for a councillor with no additional responsibilities

2.2. $72,247 per annum for each position of additional responsibility following:

2.2.1. Cr Rick Barker Deputy Chairman

2.2.2. Cr Neil Kirton, Corporate and Strategic Committee Chairman

2.2.3. Cr Martin Williams, Regional Transport Committee and Hearings Committee Chairman

2.2.4. Cr Craig Foss, Finance, Audit and Risk Sub-committee Chairman

2.2.5. Cr Jerf van Beek, Clifton to Tangoio Coastal Hazards Strategy Joint Committee Chairman

2.2.6. Cr Hinewai Ormsby, Environment & Integrated Catchments Committee Chairperson.

Kirton/Barker

CARRIED

11.

2019-20 Annual Report for Adoption

James Palmer introduced the item, advising that Audit NZ has not provided clearance to enable Council adoption and so the adoption will have to be done at an extraordinary Council meeting once Audit clearance has been received.

Jerf van Beek re-joined the meeting at 1.32pm

Queries and discussion covered:

· Operating surplus includes Napier Port IPO transaction proceeds, without which the budget would be in deficit

· Part of overspend in the Consents and Compliance activity is actually under recovery of charges to consent holders.

RC174/20

Resolution

That the Hawke’s Bay Regional Council receives and notes the “2019-20 Annual Report for Adoption” staff report and leaves the matter to lie on the table, the delay occasioned by Audit New Zealand not having completed its work and rendering HBRC unable to adopt and sign off the final 2019-20 Annual Report.

Foss/Barker

CARRIED

12.

Affixing of Common Seal

Reason for Report

1. The Common Seal of the Council has been affixed to the following documents and signed by the Chairman or Deputy Chairman and Chief Executive or a Group Manager.

Seal No.

Date

1.1

Leasehold Land Sales

1.1.1 Lot 77

DP 10912

CT J2/491

- Agreement for Sale and Purchase

4431

2 December 2020

1.1.2 Lot 86

DP 13039

CT E2/1237

- Agreement for Sale and Purchase

4432

9 December 2020

RC175/20

Recommendations

That Hawke’s Bay Regional Council:

1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

2. Confirms the action to affix the Common Seal.

Barker/van Beek

CARRIED

13.

Report from the 18 November 2020 Māori Committee Meeting

Mike Paku introduced the item as updated to more accurately reflect the position of tangata members on the subject of Māori Representation on the Council through the establishment of Māori constituencies.

RC176/20

Resolution

That the Hawke’s Bay Regional Council receives and notes the “Report from the 18 November 2020 Māori Committee Meeting”.

Graham/Barker

CARRIED

14.

Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee

Councillor Jerf van Beek, as Chairman of the Joint Committee, introduced the item, highlighting the successful workshops held with community assessment panels. Discussions covered:

· Chris Dolley advised that Raynor Asher, QC, has been appointed to undertake the funding review and so will be provided with detail of the project to date (18 January) to enable him to form an independent view of how the Strategy implementation should be funded.

· Simon Bendall, the Project Manager, is working to define the process to be undertaken by Judge Asher, within budget constraints, and will then socialise that process plan.

RC177/20

Resolution

That Hawke’s Bay Regional Council receives and notes the “Summary Report from the Clifton to Tangoio Coastal Hazards Strategy Joint Committee”

van Beek/Barker

CARRIED

15.

Report from the HB Civil Defence Emergency Management Group Joint Committee

Chairman Rex Graham introduced the item, highlighting discussions about the Napier Flood response, agreement to redirect the funds remaining in the HB Drought Relief Fund to development of a Drought Resilience Strategy and the Civil Defence annual report.

RC178/20

Resolution

That Hawke’s Bay Regional Council receives and notes the “Report from the HB Civil Defence Emergency Management Group Joint Committee”.

Graham/Barker

CARRIED

Mike Paku left the meeting at 1.41pm

16.

Discussion of Minor Matters Not on the Agenda

Topic	Raised by
Removal of whitebait stands Notice was recently received by 91-year old advising him of the need to remove his whitebait stand and there is concern about that requirement as well as the role of mana whenua and kaitiaki in this area. James Palmer advises that removal of stands has always been a requirement of whitebait permits however has not been enforced in past due to lack of resource. Cultural practice is longstanding however the issue is that these can be a hazard to other river users and are on public land. The HBRC Ranger has undertaken the exercise to enforce this requirement in liaison with DoC and whitebaiters. Instance involving 12 year old fishing illegally, contrary to DoC rules, and was spoken to by the HBRC Ranger and DoC ranger about the relevant rules.	Michelle McIlroy
Councillor Martin Williams left the meeting at 1.44pm
Napier Flood response – request for report on the flood response including expenditure and whether Council’s contribution to the Mayoral Relief Fund has been sufficient	Cr Neil Kirton
Wairoa River discharges Last Wednesday WDC advised a wastewater overflow issue resulting in discharge of raw sewerage into the Wairoa River by Alexandra Park as a result of a ‘fatberg’ blocking the system and the facts of the event are under investigation by HBRC’s enforcement team. Also – WDC served with abatement notice last week in relation to Opoutama wastewater which is not meeting the requirements of compliance with consent conditions.	James Palmer /Michelle McIlroy
Council communications The example of the branding on the https://www.dia.govt.nz/ website was shown and it was suggested that HBRC should be using its Te Reo name with the same prominence in all forms of communication	Cr Craig Foss
Social Ecology – was not discussed as Councillor Williams had left	Cr Martin Williams
LGOIMA requests Council used to receive a list of all LGOIMA requests attached to the “Follow-ups” agenda item and there is a desire for this to be reinstated.	Cr Rick Barker
Tukituki Trails – visited the mountain bike track/pathway which is proposed to be extended by 12km as well as potentially extending the track on the HBRC owned land adjacent to the wastewater treatment plant.	Cr Will Foley

Pieri Munro led the group in offering a karakia to close the meeting.

Closure:

There being no further business the Chairman declared the meeting closed at 2.00pm on Wednesday, 16 December 2020.

Signed as a true and correct record.

DATE: ................................................ CHAIRMAN: ...............................................